RULE OF LAW. SEPARATION OF POWERS. HUMAN RIGHTS.

Venezuela

Bolivarian Republic of Venezuela’s Constitution of 1999 with Amendments through 2009

Judicial Independence

Article 254. The Judicial Power is autonomous, and the operating, financial and administrative autonomy of the Supreme Tribunal of Justice is hereby established. To this end, in the national general budget a variable annual amount at least equivalent to 2% of the ordinary national budget shall be allocated to the justice system in order to enable it to function effectively; such amount shall not be reduced or modified without authorization in advance from the National Assembly. The Judicial Power is not authorized to establish any charges or tariffs, nor to demand any payment for its services.

Judicial Council or Parallel Institution or Method of Selection

Article 255. Appointment to a judicial position and the promotion of judges shall be carried out by means of public competitions to ensure the capability and excellence of the participants, with selection by the juries of the judicial circuits, in such manner and on such terms as may be established by law. The appointment and swearing in of judges shall be the responsibility of the Supreme Tribunal of Justice. Citizen participation in the process of selecting and designating judges shall be guaranteed by law. Judges shall be removed or suspended from office only through the procedures expressly provided for by law. Measures shall be taken by law to promote the professionalism of judges, and the universities shall cooperate to this end, organizing their corresponding law schools curricula to specialized studies in judicial practice.

Attorney General’s Office

Article 284. The Office of Public Prosecutions shall be under the direction and responsibility of the General Prosecutor of the Republic, who shall perform his functions directly, with the assistance of such officials as may be determined by law. To be General Prosecutor of the Republic, a person must meet the same eligibility requirements that apply to justices of the Supreme Tribunal of Justice. The General Prosecutor of the Republic shall be designated for a seven year term.